5-106

5-106. Supervisor of mutuels; pari-mutuel
auditors; other employees; stewards

A. The director shall appoint a supervisor of mutuels, security personnel and as
many other employees as may be necessary for the enforcement of the laws of this state
and the rules relating to racing.

B. The director shall determine which employees shall give bond to the state for
the faithful performance of their respective duties in such amount as the department
shall prescribe. The cost of providing the bonds shall be a charge against the state.

C. The compensation of employees shall be as determined pursuant to section 38-611.

D. The director shall keep a record of all proceedings and preserve all books,
documents and papers of the commission and department.

E. The supervisor of mutuels shall monitor the wagering and the pari-mutuel
departments at all racing meetings and additional wagering facilities and shall enter
into no other employment or contracts of employment involving racing or pari-mutuel
wagering either within or without the state during days of racing in the state.

F. The security personnel appointed by the director shall assist in keeping the
peace at all racing meetings and additional wagering facilities, shall enforce all laws
of the state relating to racing and all rules of the commission and shall perform such
other duties as the commission or director shall prescribe and in the discharge of their
duties shall have the authority of peace officers.

G. The director shall establish a security section charged with the responsibility
for investigative matters relating to the proper conduct of racing and greyhound
breeding, inspections of off-track kenneling of greyhounds used, trained or bred for
racing purposes and pari-mutuel wagering including barring undesirables from racing,
undercover investigations, fingerprinting persons licensed by the department and
reviewing license applications. The person in charge of the security section shall have
at least five years of experience in law enforcement or in conducting or supervising
investigations in some aspect of racing law enforcement.

H. For purposes of inspecting off-track greyhound training or breeding facilities,
the director may request and accept volunteer assistance from a member or representative
of the national greyhound association in any instance in which the director believes
specialized knowledge or advice may be useful or necessary in the enforcement of this
chapter.

I. If upon investigation by the department there is substantial evidence indicating
that the security at any track or additional wagering facility is not satisfactory, the
director may order the permittee to remedy the deficiency. If after ten days following
such order the permittee has not remedied the deficiency, the department may institute
its own security personnel program until the deficiency in security is remedied and may
charge the permittee the actual costs incurred therefor. The permittee may petition the
department for a hearing at any time to review the necessity of the department further
maintaining its own security personnel.

J. Persons employed by the department as investigators must have training in a
general investigation course, including instruction in appropriate Arizona law, conducted
or approved by the director.

K. For each horse, harness or dog racing meeting, the director shall, with the
approval of the commission, employ two persons qualified as stewards. For each horse,
harness or dog racing meeting, the permittee shall, with the approval of the commission,
employ one person qualified and licensed by the department as a steward. An applicant
who wishes to be licensed or employed as a steward by the department for a commercial
horse or harness racing meeting must be certified as a steward by a national organization
approved by the department. Beginning on January 1, 2000, an applicant who wishes to be
licensed or employed as a steward by the department for a commercial dog racing meeting
must be certified as a steward by a national organization approved by the department. An
applicant as a steward for a commercial horse or harness racing meeting exceeding
forty-five days shall have been employed as a steward, patrol judge, clerk of scales or
other racing official at a horse or harness racing meeting for a period of not less than
forty-five days during three of the past five years, or have at least five years'
experience as a licensed jockey who has also served not less than one year as a licensed
racing official at a horse or harness racing meeting, or have ten years' experience as a
licensed horse trainer who has also served not less than one year as a licensed racing
official at a horse or harness racing meeting. The director shall designate one of the
two stewards employed by the department pursuant to this section as chief steward for
each horse, harness or dog racing meeting. The director shall designate the remaining
stewards as assistant stewards. A person employed by the department as a steward
pursuant to this subsection is considered an exempt state employee and not a state
service employee subject to title 41, chapter 4, articles 5 and 6. Stewards employed by
the department pursuant to this section are eligible to receive compensation pursuant to
section 38-611. For each horse, harness or dog racing meeting conducted by a county fair
racing association, the director shall, with the approval of the commission, employ three
persons qualified as stewards. The director shall designate one of the three stewards as
chief steward for each horse, harness or dog racing meeting conducted by a county fair
racing association, and shall designate the remaining stewards as assistant stewards.